The legality of a circular issued by the Maharashtra Building and Other Construction Workers’ Welfare Board, which suspended welfare activities under the Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996 ("BOCW Act") due to the enforcement of the Model Code of Conduct during elections. The Bombay High Court quashed the circular, ruling that statutory welfare activities under pre-existing schemes cannot be suspended on the grounds of the Model Code of Conduct.

1. Challenge in the Petition
   (Para 1-3)
   The petitioners, representing various construction worker unions, challenged a circular dated October 17, 2023, that halted worker registrations and welfare benefits under the BOCW Act during elections.

2. Impugned Circular and Its Consequences
   (Para 4-6)
   The circular suspended key statutory activities such as registration of workers, renewal, and distribution of benefits under welfare schemes, citing the Model Code of Conduct.

3. Petitioners' Arguments
   (Para 5, 7-8)
   The petitioners argued that the circular violated statutory obligations under the BOCW Act and deprived workers of critical welfare measures, including health, maternity cover, and education allowances.

4. Defense by Respondents
   (Para 6-7)
   The Board justified the suspension, citing a lack of clarity from the Election Commission on whether such activities conflict with the Model Code of Conduct.

5. Court’s Analysis
   (Para 8-14)
   The court held that the Model Code of Conduct aims to prevent electoral misuse of state machinery, not to suspend statutory benefits under pre-existing schemes. The BOCW Act is a welfare legislation mandating uninterrupted administration.

6. Conclusion and Relief Granted
   (Para 15-20)
   The court quashed the circular and directed the immediate resumption of suspended activities, ensuring no disruption of statutory benefits during elections.

Acts and Sections Discussed:

1. Building and Other Construction Workers (Regulation of Employment and Conditions of Service) Act, 1996

   • Section 12: Eligibility for worker registration.
   • Section 14: Conditions for continued eligibility and benefits for registered workers.

2. Model Code of Conduct

   • Provisions restricting the announcement of new schemes or discretionary benefits during elections.

Ratio Decidendi:

The Model Code of Conduct cannot override statutory rights or halt pre-existing welfare measures under a law like the BOCW Act. Registration and benefits are statutory imperatives integral to the Act's administration and cannot be treated as electoral concessions.

Subjects:

Welfare Legislation, Election Laws, Statutory Rights
Worker Welfare, Model Code of Conduct, BOCW Act, Statutory Benefits, Election Law Compliance